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Bennett Jones LLP

B.C. Supreme Court Confirms that British Columbia's No-Costs Rule Does Not Apply to Pre-Certification

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British Columbia is often referred to as a "no costs" jurisdiction for class proceedings because section 37 of the B.C. Class Proceedings Act creates a presumptive no-costs regime in British Columbia for certification...more

Bennett Jones LLP

Ontario Superior Court Decides Bellwether Individual Issues Trials in Class Action

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In Reddock v Attorney General of Canada, 2024 ONSC 3238, the Ontario Superior Court released a post-common issues trial decision regarding the additional damages, if any, five plaintiffs were entitled to as a result of the...more

Bennett Jones LLP

Federal Court is Reviewing its Class Action Rules

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The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the...more

Bennett Jones LLP

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

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Survey evidence can be used in trademark disputes to establish consumer perception and brand power. A recent Federal Court decision provides guidance on factors that may influence the admissibility of online survey evidence....more

Bennett Jones LLP

Ontario Court of Appeal in Buduchnist Credit Union Affirms Broad Jurisdiction to Address Breaches of Mareva Orders

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In Buduchnist Credit Union Limited v. 2321197 Ontario Inc., 2024 ONCA 57 (Buduchnist), the Court of Appeal for Ontario has affirmed that superior courts have broad and flexible jurisdiction to address breaches of...more

Bennett Jones LLP

Privilege is Sacrosanct: Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

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Legislation must show a clear, explicit and unequivocal intention to abrogate privilege before a party is required to disclose privileged information, the Ontario Court of Appeal reiterated in its recent decision of Ontario...more

Bennett Jones LLP

Dismissal for Delay Under the Ontario Class Proceedings Act: The First Application of a New Rule

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On October 1, 2020, significant amendments to Ontario’s Class Proceedings Act, 1992, came into force, implementing major changes to the test for certification, appeal routes, carriage motions, and settlement approval....more

Bennett Jones LLP

Litigation Privilege Protects Against Disclosure of Database of Records

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A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense and time consequences for a counterparty, the Federal Court of Appeal...more

Bennett Jones LLP

Above and Beyond the Call of Duty: Honorarium Payments to Representative Plaintiffs in Class Proceedings

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In Makris v Endo International PLC, 2020 ONSC 5709 [Makris], Justice Glustein of the Ontario Superior Court of Justice opined on a niche area of class actions law—honorarium payments for representative plaintiffs. The claim...more

Holland & Hart - Your Trial Message

Discovering Bias: Dig, Don’t Bury

Canada has an odd system for determining juror bias in some cases. Referred to as a “trier’s process,” it involves the section of two jurors, who do not otherwise go on to become jurors in the case, but are instead charged...more

Bennett Jones LLP

Craigslist’s “Virtual Presence” Enough for B.C. Court’s Jurisdiction

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Is San Francisco-based Craigslist subject to a third-party production order in criminal proceedings in British Columbia, despite having only a “virtual” presence in the province? The province’s Court of Appeal said yes in a...more

Blake, Cassels & Graydon LLP

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

Bennett Jones LLP

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

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This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more

Smart & Biggar

Canadian IP law and practice in 2016: reviewing the highlights

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As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Bennett Jones LLP

Canadian Contractual Interpretation Just Got More Difficult

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Supreme Court of Canada Revives Correctness Test for Interpreting Standard Form Contracts - There is a new exception to the new Canadian approach for reviewing the interpretation of contracts: a trial court’s...more

Morgan Lewis

2016 Mid-Year Global Cartel Enforcement Report

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Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Blake, Cassels & Graydon LLP

Common Interest Privilege in Cross-Border Matters: Canada vs. U.S. Law

While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some...more

Bennett Jones LLP

Cyber-Security and the Rise of the Vigilante Hacker - Can illegally obtained data be used in a civil proceeding?

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In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the “hacktivists” who expose data, purportedly for the greater good....more

Blake, Cassels & Graydon LLP

Dropping the Dime: Risks of Giving Evidence to Canadian Securities Regulators

Canadian securities regulators often cooperate with their counterparts abroad due to the increasingly global nature of securities regulation. Canadian securities regulators have entered into several agreements or memoranda of...more

Blake, Cassels & Graydon LLP

10 Tips for Navigating A Securities Class Action

Not Just for Issuers Anymore - Plaintiffs’ counsel have been trying to bring underwriters, bankers, auditors and other advisers into securities class actions as defendants, particularly where an issuer is unlikely to...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for April 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

WilmerHale

IP World Tour: Snapshots of Overseas IP Protection

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No matter where you look in the world, it’s a certainty that a dispute is ongoing over someone’s intellectual property (IP). The theft of ideas is nothing new, but just as important to those investing abroad is knowledge of...more

Proskauer - Minding Your Business

The Basics of International Privacy Law for Commercial Litigators, Part 2: Global Trends

Although the volume of data that flows between the EU and the U.S. ensures that EU privacy law occupies most of the spotlight on the world stage, other countries have their own privacy laws worth noting as well. ...more

Bennett Jones LLP

Looking Forward: Canadian Class Actions in 2016

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Looking Forward - The last few years have been active for class actions in Canada, and the activity did not slow down in 2015. This past year, Bennett Jones was involved with some of the most important class...more

Bennett Jones LLP

Changes to Canada’s Iran Sanctions – Your Questions Answered (and a Flowchart)

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On February 5, 2016, the Government of Canada amended its economic sanctions on Iran to significantly ease restrictions on doing business. The changes were in response to Iran’s compliance with its the commitments to restrict...more

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